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(영문) 대법원 1967. 2. 28. 선고 66다2573 판결

[소유권이전등기][집15(1)민,201]

Main Issues

Specific objects in the indication of the order ordering a partition registration

Summary of Judgment

If it is impossible to implement the procedure of partition registration in the text of the judgment ordering the execution of the procedure of partition, or if the specific method of partition is not indicated, and even if it is actually impossible to divide it, it constitutes a case where the object of the lawsuit is not specified.

[Reference Provisions]

Article 187 of the Civil Procedure Act

Plaintiff-Appellee

Plaintiff

Defendant-Appellant

Dolsan-gun Agricultural Cooperatives

Judgment of the lower court

Daejeon District Court Decision 66Na192 delivered on October 31, 1966, decided October 31, 1966

Text

The original judgment shall be reversed, and

The case shall be remanded to Daejeon District Court Panel Division.

Reasons

The defendant's attorney's grounds of appeal are examined.

In its original judgment, the defendant purchased the above 1-1, 3, 4, 4, 4, 7, 4, 4, 4, 5, 1, 1965, 1-1, 6, 4, 480, 480, and 1-2, 480 before the registration (number 2 omitted) and ordered the plaintiff to execute the registration procedure for change of ownership transfer due to sale of 1940, 1940 and 1-1, 4, 1940, 197, 7, 19, 5, 5-1, 28, 5, 1, 28, 1, 3, 4, 1, 5, 1, 5, 1, 5, 1, 1, 28, 4, 1, 5, 1, 4, 1, 5, 1, 4, 1, 2, 1, 4, 1, 3, 1, 4, 2, 1, 4, 2, 1, 1, 4.

However, it is impossible to implement the plan by dividing the 4th of the forest land into 6 tombstones or 1-2 of the forest land (number 1-1 omitted) on the same method by one-half of the 4th of the forest land in the Won-si (number 1-1 omitted) and the 6th of the 1st of the 1st of the 6th of the 1st of the 1st of the 1st of the 1st of the 1st of the 1st of the 1st of the 1st of the 1st of the 1st of the 1st of the 1st of the 1st of the 1st of the 1st of the 1st of the 1st of the 1st of the 1st of the 2nd of the 2nd of the 1st of the 2nd of the 2nd of the 2nd of the 2nd of the 1st of the 2nd of the 2nd of the 2nd of the 2nd of the 3th of the 2nd of the 2nd of the 2nd of the 3th of the 2.

Justices of the Supreme Court (Presiding Judge) Mag-kim Kim-bun and Magman